Mr K Brophy v Rivergate Developments Ltd — 2025

Employment Judge Barker, sitting alone at Manchester by video on 11 July 2025, first determined the claimant's employment status. Despite being registered under the HMRC Construction Industry Scheme as a sub-contractor, the Tribunal found that Mr Brophy was a worker within the meaning of s230(3)(b) Employment Rights Act 1996. The Judge accepted that the respondent supervised his work, set his hours, supplied materials, paid him a standard daily rate of £95 for hours worked rather than per task, and exercised a level of control inconsistent with self-employment.

On that basis, the complaint of unauthorised deductions from wages succeeded. The respondent accepted that no prior written consent to deductions had been obtained as required by s13 ERA 1996, so the deductions made between 15 December 2024 and 27 January 2025 for alleged poor workmanship were unlawful regardless of the underlying performance issues. The respondent was ordered to repay £665, equivalent to seven days' work.

The holiday pay complaint was also well-founded under regulation 14(2) of the Working Time Regulations 1998. The claimant had worked 7 weeks and 5 days and was entitled to pro-rated leave of 4.2 days at £95 per day, totalling £399. The respondent was ordered to pay £1,064 in total, with the claimant responsible for any tax and National Insurance.